The adoption by a nobleman was in Billy Wilder's comedy "One, Two, Three" commented somewhat ironically. The socialist Otto is adopted at the initiative of making politically complex active Coca-Cola boss by the aristocratic man of the toilet Kempinski Hotels to "Otto Graf von Droste-Schattenburg" to advance. How does the law deal with such adoptions?
In the Weimar Constitution - Article 109 para 3 sentence 2 of the Weimar Constitution (WRV) (Adel terms are only part of the name and must not be given) - is not addressed in detail, will continue under what conditions nobility names as part of the name. In the interpretation of the provision is considered by the courts noted that with its objective to eliminate the Neuverleihung of nobility as part of their name, also can not have been her sense of reviving such noble names again, which were then not used already . The Court therefore considers that noble titles are in any case did not become part of the name when they entry into force of the Weimar Constitution a long time in legal transactions were not conducted (see BVerwG StAZ 1969, 185, 186; BayObLG StAZ 1981, 184, 185; OLG Frankfurt StAZ 1885, 12, 13, OLG Dusseldorf StAZ 1997, 177F, KG StAZ 1999, 38ff).
The question of the period of actual non-use a noble title brought into force in eliminating the WRV is in the higher court jurisdiction not yet been clarified. The OLG Frankfurt holds non-use of "at least two generations to be necessary, other high courts see this period more as a yardstick (BayObLG supra; open OLG Dusseldorf supra). OLG Hamm (15th Civil Senate 21.09.2006 - 15 W 257/05) saw no reason to comment on the question of an absolute time limit position. Article 109 para 3
p. 2 WRV ties in the transfer of Adel names in the naming rights to the actual conditions in which it was entitled to the exemption at any rate in effect, to carry out their noble name. The legal name-order function makes it necessary to resign to the effective leadership of the nobility such designation, rather short-term practice that may be represented as a more random response to specific legal or social issues. Seems more necessary - in relation to the time before 1919 - A consolidation of the actual handling. It's about the regulatory function of the family name, over time a uniform handling of non-implementation of the noble title of any event, a generation is deemed necessary for this, based on the rules of the Article 109 WRV-the function name to escape.
noble names are in the way of granting the name change only in very exceptional cases (OVG Hamburg - 3 Senate 11.01.2006 - 3 BF 369/02). The risk of mental illness in the case of the refusal of the desired noble name justified as no exception. With the provision of Article 109 para 3 sentence 1 WRV, which public privileges or disadvantages of birth or repeal of the state are the legislature wanted to eliminate the legal privileges of nobility. He did it but can not with the arrangement of the abolition of privileges, stop there and it also expressly forbidden to confer noble titles. This reflects the will to persist that noble names either alone or as part of the civil law's name and otherwise not more, so also should not be awarded by public law name change. Even the interest that the name "..." does not die or be revived, no good cause is sought for name changes;
The OVG Hamburg (3rd Senate 11.01.2006 - 3 Bf 369/02) explains the problem continues: "When is exercised in the naming of former nobility titles restraint, this means that for the adoption of exceptions must also proceed cautiously. The Federal Administrative Court in the cases decided by him to be regarded as an exception given if specific social, that is, in fact, lived close relationships with people have been present, who have the desired name. Such relations have been adopted in a case where the wife's maiden name, a name with noble name, by it - under the old law - known as the collective name added to the husband and the family members as part of a double name been granted (see Judgement of 03/05/1965, BVerwGE vol 20 p. 300). The OVG NRW (Decision from 12.05.2000 - 8 A 3458/96) has rejected the similar but in a constellation: the legal age in the Federal Republic of Germany naturalized descendant of a person who has been deprived in their home State a title of nobility may, one on leadership of the nobility title claim as part of the name-related name change only when he was either personally affected by the name of prohibition, or derived from a claimant, himself a German citizen after 1 acquired January 1919. A descendant of a noble name bearer, the measure only himself and immediately when the ban also extends to him, because he was born before implementation of the ban. The mere desire to take a guided by the ancestors of noble title again is no valid reason in this possible sense,
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